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By : Steve Lavallo

Indiana Court of Appeals Upholds Worker’s Compensation Board’s Longtime Policy

The Indiana Court of Appeals has issued what, in this author’s humble opinion, could become a landmark decision in the area of Indiana worker compensation law.  In Masterbrand Cabinets v. Waid, the Court ruled that an injured employee is entitled to TTD (temporary total disability) benefits...

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Board-Ordered IME Results Under Indiana Worker’s Compensation Act Not Automatically Followed

The prevalent belief among worker’s compensation practitioners is that once a Worker's Compensation Board ("Board") Hearing Member orders an Independent Medical Examination (“IME”), the results of such exam must be followed. However, Indiana Code Section 22-3-3 7(c), under the Indiana Worker’s Co...

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Breaking News: Supreme Court Extends Same-Sex Marriage Nationwide

In an historic ruling, the Supreme Court of the United States has declared that same-sex couples have a constitutional right to marry anywhere in the United States. Read more: Gay marr...

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Gun Trusts to Transfer Weapons Upon Death

It happens all the time:  A firearm or collection of firearms is passed down when the owner passes away.  Most gun owners do not realize that even if they provide for a transfer of their weapons upon death, their beneficiaries may be inadvertently violating the law upon taking possession. A well dr...

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Latest Development: Indiana Ban on Same-Sex Marriage

Although it ruled that Indiana’s ban on same-sex marriage was unconstitutional, the 7th Circuit has now granted Attorney General Zoeller’s request for a stay on that ruling until the U.S. Supreme Court acts on Indiana’s appeal requesting that the ruling be overturned. For more information, please c...

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Breaking News: Indiana’s Ban on Gay Marriage Overturned

U.S. District Judge Richard Young has ruled that Indiana’s ban on gay marriage violates the U.S. Constitution's equal-protection clause.  This ruling comes on the heels of rulings by Federal Courts across the country similarly striking down state bans on gay marriage.  It is expected that the Suprem...

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Injured Employee has Lone Remedy Through Worker’s Compensation Act

The Indiana Court of Appeals reaffirmed the exclusive remedy through the Indiana Worker’s Compensation Act (“Act”) and further distinguished the employer-employee relationship when it denied Donovan Johnson, a construction worker, from suing a subcontractor for injuries sustained at work (Donova...

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Yes, Concurrent Eligibility for Worker’s Compensation Benefits and Unemployment Benefits Is Possible

In Platinum v Collings, 988 NE 2d 1153 (Ind. Ct. App. 2013), the Indiana Court of Appeals recently ruled that an injured employee may be awarded worker's compensation benefits even if the employee had received unemployment benefits during the same per...

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Determining When an Injury Arises Out of Employment

A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee.  The connection is established when a r...

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Worker’s Comp – No Double Dipping Allowed

Can an injured employee settle a Worker’s Compensation Claim and then later sue his employer, claiming that the injury occurred outside the employment?  The Indiana Court of Appeals recently said “no”.  In recent case Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders,...

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